Township of Stillwater, NJ Chapter 445 Idling of Motor Vehicles

[HISTORY: Adopted by the Township Committee of the Township of Stillwater 8-19-2014 by Ord. No. 2014-16.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance was adopted as Ch. 470 but was renumbered for organizational purposes.

§ 445-1 Idling of diesel-powered motor vehicles prohibited; exceptions.

A. No person shall cause, suffer, allow, or permit the engine of a diesel-powered motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion, except:

(1) A motor vehicle that has been stopped for three or more hours may idle for up to 15 consecutive minutes when the ambient temperature is below 25° F.; and

(2) A diesel bus while it is actively discharging or picking up passengers may idle for up to 15 consecutive minutes in a sixty-minute period.

B. The provisions of Subsection A shall not apply to:

(1) Any motor vehicle idling in traffic, or a motor vehicle other than a school bus idling in a queue of motor vehicles, that is intermittently motionless and moving because the progress of the motor vehicles in the traffic or the queue has stopped or slowed by the congestion of traffic on the roadway or by other conditions over which the driver of the idling motor vehicle has no control.

(2) A motor vehicle whose primary power source is utilized in whole or in part for necessary and definitely prescribed mechanical operation other than propulsion. This includes, but is not limited to, operating lift-gate pumps and controlling cargo temperature. This exemption does not apply to passenger compartment heating or passenger compartment air conditioning;

(3) A motor vehicle being or waiting to be examined by a state or federal motor vehicle inspector;

(4) Vehicles that are actively performing emergency services. Examples include fire vehicles, first-aid vehicles, police vehicles, public utility vehicles, military tactical vehicles and snow-removal vehicles during the time that such vehicles are actively performing emergency services;

(5) A motor vehicle while it is being repaired or serviced, provided that operation of the engine is essential to the proper repair or service.

§ 445-2 General public highway standards for diesel-powered motor vehicles.

No person shall cause, suffer, allow or permit the operation of any diesel-powered motor vehicle upon the public roads, streets or highways of the Township or upon any public property or upon any quasi-public roadway in the Township, if the vehicle:

A. Emits smoke in the exhaust emissions, the opacity of which exceeds any applicable smoke opacity standards set forth in N.J.A.C. 7:27-14.6;

B. Emits visible smoke of any color in the exhaust emissions for more than three consecutive seconds when the engine is a normal operating temperature;

C. Does not have a properly functioning and properly maintained emission control apparatus, as determined according to the emissions control apparatus examination procedures established at N.J.A.C. 7:27B-4.4;

D. Has an emission control apparatus or an element of design installed on the vehicle or diesel engine or exhaust system, which has been disconnected, detached, deactivated or in any other way rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer; or

E. Has a retrofit device or any part thereof, or a closed crankcase ventilation system or any part thereof, that was installed pursuant to N.J.S.A. 26:2C-8.26 et seq. and N.J.A.C. 7:27-32 and that has been disconnected, detached, deactivated, or in any other way rendered inoperable or less effective, with respect to limiting or controlling emissions, than it was designed to be by the original retrofit device or closed crankcase ventilation system manufacturer.

§ 445-3 Idling of gasoline-fueled motor vehicles prohibited; exceptions.

A. No person shall cause, suffer, allow, or permit the engine of a gasoline-fueled motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion.

B. The provisions of Subsection A above shall not apply to:

(1) Autobuses while actively discharging or picking up passengers. This exemption is limited to 15 consecutive minutes in a sixty-minute period;

(2) Any motor vehicle idling in traffic, or a motor vehicle other than a school bus idling in a queue of motor vehicles, that is intermittently motionless and moving because the progress of the motor vehicles in traffic or the queue has been stopped or slowed by the congestion of traffic on the roadway or by other conditions over which the driver of the idling motor vehicle has no control;

(3) Motor vehicles whose primary and/or secondary power source is utilized in whole or in part for necessary and definitely prescribed mechanical operation other than propulsion. This use includes, but is not limited to, operating lift-gate pumps and controlling cargo temperature. This exemption does not apply to passenger compartment heating or passenger compartment air conditioning;

(4) Motor vehicles being or waiting to be examined by state or federal motor vehicle inspectors.

(5) Motor vehicles that are actively performing emergency services. Examples include fire vehicles, first-aid vehicles, police vehicles, public utility vehicles, military tactical vehicles and snow-removal vehicles, during the time that such vehicles are actively performing emergency services;

(6) Motor vehicles while being repaired or serviced, provided that operation of the engine is essential to the proper repair or service; or

(7) Motor vehicles manufactured with a sleeping berth while being used, in a non-residentially zoned area, by the vehicle's operator for sleeping or resting, unless the vehicle is equipped with a functional auxiliary power system designed in whole or in part to maintain cabin or sleeper berth comfort or to mitigate cold weather start-up difficulties.

§ 445-4 Violations and penalties.

Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine of not less than $250 nor more than $1,000. Each violation of any of the provisions of this chapter and each day that such offense shall continue shall be deemed to be a separate and distinct offense.